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Home My WebLink About06-6716Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, LP Plaintiff V. PAULA RENEE VON SCHMID, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6 71 (° CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon Paula Renee von Schmid at 1240 Summit View Court, New Cumberland, Pennsylvania 17070, and forward to the sheriff for service. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: //- 9-1 - 0 6 TO PAULA R. VON SCHMID: Attorneys for Plaintiff WRIT OF SUMMONS You are hereby notified that Mountz Jewelers LP, has commenced an action against you. Date: iI - ) Z t)(? P THONOTARY By: De ty ` 6/ (-k?) i,j SHERIFF'S RETURN - REGULAR CASE NO: 2006-06716 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS LP VS VON SCHMID PAULA RENEE GERALD N WORTHINGTON Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco ing to law, says, the within WRIT OF SUMMONS was served upo UnN grNMTT) PATTT.A RFNRF the DEFENDANT , at 1815:00 HOURS, on the 5th day of Dec er , 2006 at 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 by handing to PAULA RENEE VON SCHMID a true and attested copy of WRIT OF SUMMONS tog?f her with and at the same time directing Her attention to the contehVs thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Postage .39 Surcharge 10.00 .00 -74-2.47 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By: Deputy 7 A. D. MOUNTZ JEWELERS, L.P. vs PAULA RENEE VON SCHMID Case No. Statement of Intention to Proceed To the Court: Mountz Jewelers, L.P., Plaintiff Print Name Christopher E. Rice Date: 9/29/09 2006-6716 Civil Term intends to proceed with the above captioned matter. Sign Name 2 ?- <- Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. .i? Or THE ZW SEP 30 Rl 4= 00 F.\FILES\Clients\6019 Mountz Jewe1ers\6019.34\6019.34.pra2 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, LP IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 6716 CIVIL TERM PAULA RENEE VON SCHMID, Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter discontinued without prejudice. Respectfully submitted, Date: /,Z//o MARTSON LAW OFFICES By 0, S . !2- Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Ill. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paula R. Von Schmid 1240 Summit View Court New Cumberland, PA 17070 MARTSON LAW OFFICES By M . Price 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /Z//VQ 2109 DEC - ! FM t?: 05